Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods, 74350-74357 [E8-28370]
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Rules and Regulations
(49 FR 41019), December 24, 1996 (61
FR 67710), December 27, 1996 (61 FR
68145), December 23, 1998 (63 FR
71015), November 20, 2000 (65 FR
69666), and December 31, 2002 (67 FR
79851), and December 21, 2006 (71 FR
76599)). Use of a uniform compliance
date provides for an orderly and
economical industry adjustment to new
labeling requirements by allowing
sufficient lead time to plan for the use
of existing label inventories and the
development of new labeling materials.
This policy serves consumers’ interests
as well because the cost of multiple
short-term label revisions that would
otherwise occur would likely be passed
on to consumers in the form of higher
prices.
The agency has determined under 21
CFR 25.30(k) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This final rule contains no collections
of information. Therefore, clearance by
the Office of Management and Budget
under the Paperwork Reduction Act of
1995 is not required.
FDA has examined the impacts of the
final rule under Executive Order 12866
and the Regulatory Flexibility Act (5
U.S.C. 601–612), and the Unfunded
Mandates Reform Act of 1995 (Public
Law 104–4). Executive Order 12866
directs agencies to assess all costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity). The agency
believes that this final rule is not a
significant regulatory action under the
Executive order.
The establishment of a uniform
compliance date does not in itself lead
to costs or benefits. We will assess the
costs and benefits of the uniform
compliance date in the regulatory
impact analyses of the labeling rules
that take effect at that date.
The Regulatory Flexibility Act
requires agencies to analyze regulatory
options that would minimize any
significant economic impact of a rule on
small entities. Because the final rule
does not impose compliance costs on
small entities, the agency certifies that
the final rule will not have a significant
economic impact on a substantial
number of small entities.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
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that agencies prepare a written
statement, which includes an
assessment of anticipated costs and
benefits, before proposing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current threshold
after adjustment for inflation is $130
million, using the most current (2007)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this final rule to result in any 1-year
expenditure that would meet or exceed
this amount.
FDA has analyzed this final rule in
accordance with the principles set forth
in Executive Order 13132. FDA has
determined that the rule does not
contain policies that have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Accordingly, the
agency has concluded that the rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
This action is not intended to change
existing requirements for compliance
dates contained in final rules published
before January 1, 2009. Therefore, all
final FDA regulations published in the
Federal Register before January 1, 2009,
will still go into effect on the date stated
in the respective final rule.
The agency generally encourages
industry to comply with new labeling
regulations as quickly as feasible,
however. Thus, when industry members
voluntarily change their labels, it is
appropriate that they incorporate any
new requirements that have been
published as final regulations up to that
time.
In rulemaking that began with
publication of a proposal on April 15,
1996 (61 FR 16422), and ended with a
final rule on December 24, 1996, FDA
provided notice and an opportunity for
comment on the practice of establishing
uniform compliance dates by issuance
of a final rule announcing the date.
Receiving no comments objecting to this
practice, FDA finds any further
rulemaking unnecessary for
establishment of the uniform
compliance date. Nonetheless, under 21
CFR 10.40(e)(1), FDA is providing an
opportunity for comment on whether
this uniform compliance date should be
modified or revoked.
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Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) written or electronic
comments regarding this document.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
Please note that on January 15, 2008,
the FDA Division of Dockets
Management Web site transitioned to
the Federal Dockets Management
System (FDMS). FDMS is a
Government-wide, electronic docket
management system. Electronic
comments or submissions will be
accepted by FDA only through FDMS at
https://www.regulations.gov.
The new uniform compliance date
will apply only to final FDA food
labeling regulations that require changes
in the labeling of food products and that
publish after January 1, 2009, and before
December 31, 2010. Those regulations
will specifically identify January 1,
2012, as their compliance date. All food
products subject to the January 1, 2012,
compliance date must comply with the
appropriate regulations when initially
introduced into interstate commerce on
or after January 1, 2012. If any food
labeling regulation involves special
circumstances that justify a compliance
date other than January 1, 2012, the
agency will determine for that
regulation an appropriate compliance
date, which will be specified when the
final regulation is published.
Dated: December 1, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and
Planning.
[FR Doc. E8–28920 Filed 12–5–08; 8:45 am]
BILLING CODE 4160–01–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2008–0558; FRL–8742–6]
RIN 2060–AP17
Regulation of Fuel and Fuel Additives:
Gasoline and Diesel Fuel Test Methods
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: The Environmental Protection
Agency (EPA) is taking action to allow
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Rules and Regulations
refiners and laboratories to use more
current and improved fuel testing
procedures with twelve American
Society for Testing and Materials
(ASTM) analytical test methods. Once
these test method changes are adopted,
they will supersede the corresponding
earlier versions of these test methods in
EPA’s motor vehicle fuel regulations.
EPA is also taking action to allow an
alternative test method for olefins in
gasoline. As explained further below in
the preamble of this document, EPA
views these changes as noncontroversial and we anticipate no
adverse comment.
DATES: This rule is effective February 6,
2009 without further notice, unless EPA
receives adverse comment by January 7,
2009. If EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
Comments or a request for a public
hearing must be received on or before
January 7, 2009. The incorporation by
reference of certain publications listed
in this rule were approved by the
Director of the Federal Register as of
February 6, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0558, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-Docket@epa.gov.
• Fax: (202) 566–9744.
• Mail: ‘‘EPA–HQ–OAR–2008–0558,
Environmental Protection Agency,
Mailcode: 2822T, 1301 Constitution
Ave., NW., Washington, DC 20460.’’
• Hand Delivery: EPA Headquarters
Library, Room 3334, EPA West
Building, 1301 Constitution Ave., NW.,
Washington, DC. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0558. EPA’s policy is that all comments
will be included in the public docket
without change and may be made
available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
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Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Unit 1.B of
the SUPPLEMENTARY INFORMATION section
of this document: https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Docket, EPA Headquarters
Library, Mail Code: 2822T, EPA West
Building, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
holidays. The telephone number for the
Public Reading Room is (202) 566–1742,
and the facsimile number for the Air
Docket is (202) 566–9744.
FOR FURTHER INFORMATION CONTACT: Joe
Sopata, Chemist, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW. (6406J), Washington, DC
20460; telephone number: (202) 343–
9034; fax number: (202) 343–2801; email address: sopata.joe@epa.gov.
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The
contents of today’s preamble are listed
in the following outline.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
B. What Should I Consider as I Prepare My
Comments for EPA?
II. Rule Changes
A. Updating ASTM Test Methods to Their
Most Recent Version
B. Alternative Test Method for Olefins in
Gasoline
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
(UMRA)
E. Executive Order 13123: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice and
Minority Populations and Low-Income
Populations
K. Congressional Review Act
IV. Statutory Provisions and Legal Authority
I. General Information
A. Does this Action Apply to Me?
Regulated categories and entities
potentially affected by this proposed
action include those involved with the
production, importation, distribution,
sale and storage of gasoline motor fuel
and diesel motor fuel.
The table below is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this proposed action. This
table lists the types of entities that EPA
is now aware could be potentially
regulated by this proposed action. Other
types of entities not listed in the table
could also be regulated. To determine
whether an entity is regulated by this
proposed action, one should carefully
examine the existing regulations in 40
CFR part 80. If you have questions
regarding the applicability of this
proposed action to a particular entity,
consult the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
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NAICS
codes a
Category
Industry ..............................................................................
Industry ..............................................................................
Industry ..............................................................................
a North
324110
54138
422710
422720
SIC codes b
2911
8734
5171
5172
Examples of potentially regulated parties
Petroleum Refiners.
Testing Laboratories.
Gasoline Marketers and Distributors.
American Industry Classification System (NAICS).
Industrial Classification (SIC) System code.
b Standard
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B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov or e-mail. Clearly mark
the part of all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions—The agency
may ask you to respond to specific
questions or organize comments
referencing a Code of Federal
Regulations (CFR) part or section
number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
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II. Rule Changes
A. Updating ASTM Test Methods to
Their Most Recent Version
Refiners, importers and oxygenate
blenders producing gasoline and diesel
motor vehicle fuel are required to test
reformulated gasoline (RFG),
conventional gasoline (CG) and diesel
fuel for various fuel parameters
including aromatics, benzene,
distillation, olefins, Reid Vapor
Pressure, oxygenate content and sulfur.
American Society for Testing and
Materials (ASTM) test method D2622 is
currently the designated test method for
measuring sulfur 1 2 in gasoline and
diesel fuel at the 500 ppm sulfur
standard. ASTM test methods D5453,
D6920, D3120 and D7039 are currently
alternative test methods for measuring
sulfur 3 4 5 6 in gasoline. ASTM test
methods D5453 and D6920 are also
alternative test method for measuring
sulfur 7 in diesel fuel at the 500 ppm
sulfur standard. ASTM D1319 is
currently the designated test method for
measuring olefins 8 in gasoline and
aromatics 9 in diesel fuel and is also
allowed as an alternative test method for
measuring aromatics 10 in gasoline.
ASTM test method D5599 is currently
the designated test method for
measuring oxygenates 11 in gasoline.
ASTM test method D4815 is currently
an alternative test method for measuring
oxygenates 12 in gasoline. ASTM test
method D5769 is currently the
designated test method for measuring
aromatics 13 in gasoline. ASTM test
method D3606 is currently the
designated test method for measuring
benzene 14 in gasoline. ASTM test
method D86 is currently the designated
test method for measuring the
1 40
CFR 80.46(a)(1).
CFR 80.580(b)(2).
3 40 CFR 80.46(a)(3)(i).
4 40 CFR 80.46(a)(3)(ii).
5 40 CFR 80.46(a)(3)(iii).
6 40 CFR 80.46(a)(3)(iv).
7 40 CFR 80.580(c)(2).
8 40 CFR 80.46(b).
9 40 CFR 80.2(z).
10 40 CFR 80.46(f)(3).
11 40 CFR 80.46(g)(1).
12 40 CFR 80.46(g)(2).
13 40 CFR 80.46(f)(1).
14 40 CFR 80.46(e).
2 40
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distillation 15 of gasoline. ASTM test
method D5191 is currently the
designated test method for measuring
the Reid Vapor Pressure 16 of gasoline.
Table 1 lists the designated analytical
test methods and alternative analytical
test methods which are being updated
for parameters measured under RFG,
CG, and diesel fuels program in today’s
action. The Agency has reviewed these
updated ASTM test methods and we are
in agreement with the revisions
contained in them which will result in
improvements in the utilization of these
test methods for the regulated industry.
We believe that the revisions in the test
method changes in today’s action are
not significant changes that would cause
a user of an older version of the same
method to incur significant costs. All of
the revisions were deemed necessary by
ASTM so that improvements in the test
method’s procedures would ensure
better operation for the user of the test
method. Thus, EPA is updating the
regulations for the following ASTM test
methods: (1) ASTM D2622–05, the
designated test method for measuring
sulfur in RFG, CG, and alternative test
method for diesel fuel at the 500 ppm
sulfur standard, (2) ASTM D3120–06 ε1,
alternative test method for sulfur in
gasoline, (3) ASTM D5453–08a,
alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm
sulfur standard, (4) ASTM D6920–07,
alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm
sulfur standard, (5) ASTM D7039–07,
alternative test method for sulfur in
gasoline, (6) ASTM D1319–03 ε1,
designated test method for measuring
olefins in gasoline and aromatics in
diesel fuel, as well as the alternative test
method for measuring aromatics in
gasoline, (7) ASTM D4815–04,
alternative test method for measuring
oxygenate content in gasoline, (8) ASTM
D5599–00(2005), the designated test
method for measuring oxygen content in
gasoline, (9) ASTM D5769–04, the
designated test method for measuring
aromatics in gasoline, (10) ASTM
D3606–07, the designated test method
for measuring benzene in gasoline, (11)
15 40
16 40
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CFR 80.46(d).
CFR 80.46(c).
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ASTM D86–07b, the designated test
method for measuring distillation
properties of gasoline, and (12) ASTM
D5191–07, the designated test method
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for measuring the Reid Vapor Pressure
of gasoline.
TABLE 1—DESIGNATED & ALTERNATIVE ASTM ANALYTICAL TEST METHODS UNDER RFG, CG & DIESEL MOTOR VEHICLE
FUEL PROGRAMS
Fuel parameter
ASTM analytical test method
Sulfur (gasoline) ..................................................
ASTM D2622–05, entitled ‘‘Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry’’
ASTM D2622–05, entitled ‘‘Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry’’
ASTM D5453–08a, entitled, ‘‘Standard Test Method for Determination of Total Sulfur in Light
Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence’’
ASTM D5453–08a, entitled, ‘‘Standard Test Method for Determination of Total Sulfur in Light
Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence’’
ASTM D6920–07, entitled, ‘‘Standard Test Method for Total Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion and
Electrochemical Detection’’
ASTM D6920–07, entitled, ‘‘Standard Test Method for Total Sulfur in Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion and
Electrochemical Detection’’
ASTM D3120–06 ε1, entitled, ‘‘Standard Test Method for Trace Quantities of Sulfur in Light Petroleum Hydrocarbons by Oxidative Microcoulometry’’
ASTM D7039–07, entitled, ‘‘Standard Test Method for Sulfur in Gasoline and Diesel Fuel by
Monochromatic Wavelength Dispersive X-ray Fluorescence Spectrometry’’
ASTM D5599–00(2005), entitled, ‘‘Standard Test Method for Determination of Oxygenates in
Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection’’
ASTM D4815–04, entitled ‘‘Standard Test Method for Determination of MTBE, ETBE, TAME,
DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas Chromatography’’
ASTM D1319–03 ε1, entitled ‘‘Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption’’
ASTM D1319–03 ε1, entitled, ‘‘Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Absorption’’, for diesel fuel, this method is the designated test method, for gasoline, this method is an alternative test method and if used as
an alternative method, its results must be correlated to ASTM D5769–04.
ASTM D5769–04, entitled, ‘‘Standard Test Method for Determination of Benzene, Toluene,
and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry’’
ASTM D3606–07, entitled, ‘‘Standard Test Method for Determination of Benzene and Toluene
in Finished Motor and Aviation Gasoline by Gas Chromatography’’
ASTM D86–07b, entitled, ‘‘Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure’’
ASTM D5191–07, entitled, ‘‘Standard Test Method for Vapor Pressure of Petroleum Products
(Mini-Method)’’
Sulfur (500 ppm diesel) ......................................
Sulfur (gasoline) ..................................................
Sulfur (500 ppm sulfur diesel) ............................
Sulfur (gasoline) ..................................................
Sulfur (500 ppm sulfur diesel) ............................
Sulfur (gasoline) ..................................................
Sulfur (gasoline) ..................................................
Oxygen content (gasoline) ..................................
Oxygen content (gasoline) ..................................
Olefins (gasoline) ................................................
Aromatics (gasoline and diesel) .........................
Aromatics (gasoline) ...........................................
Benzene (gasoline) .............................................
Distillation (gasoline) ...........................................
Reid Vapor Pressure (gasoline) .........................
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B. Alternative Test Method for Olefins in
Gasoline
Refiners, importers and oxygenate
blenders producing gasoline are
required to test RFG and CG for various
fuel parameters including olefins. The
test method for determining olefin
content is specified in the regulation.
Recently, the American Petroleum
Institute (API) requested in a letter to
EPA that ASTM D6550–05 be
designated by EPA as an alternative test
method in the regulations for olefins 15
in gasoline. EPA has evaluated API’s
request on this test method issue and
agrees. Thus, EPA is taking action today
to allow ASTM D6550–05 as an
alternative test method in the
regulations for olefins in gasoline,
provided that its results are correlated to
ASTM D1319. The allowance of this
15 See Air Docket #EPA–HQ–OAR–2008–0558–
0001.
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additional alternative test method for
olefins in gasoline will provide the
regulated community additional
flexibility in meeting their testing
requirements.
In the ‘‘Proposed Rules’’ section of
today’s Federal Register, we are
publishing a proposed rule that matches
the substance of this direct final rule. If
the Agency receives adverse comment
or a request for public hearing by
January 7, 2009, we will withdraw the
direct final rule by publishing a timely
withdrawal notice in the Federal
Register. If the Agency receives no
adverse comment or a request for public
hearing by January 7, 2009, these test
method changes will be effective sixty
(60) days after publication of the final
rule in the Federal Register. We are
confident that sixty (60) days is
sufficient lead time for industry to
become familiar and implement these
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ASTM test methods for the applications
mentioned above.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
B. Paperwork Reduction Act
This direct final rule does not impose
any new information collection burden.
However, the Office of Management and
Budget (OMB), under the provisions of
the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has approved the
information collection requirements
contained in the final RFG and antidumping rulemaking and gasoline
sulfur control rulemaking, and has
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assigned OMB control number 2060–
0277. OMB, under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq., has also approved the
information collection requirements
contained in the final Tax Exempt
(Dyed) Highway Diesel Fuel rulemaking,
and has assigned OMB control number
2060–0308. The OMB control numbers
for EPA’s regulations in 40 CFR are
listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s direct final rule on small
entities, small entity is defined as: (1) A
small business as defined by the Small
Business Administration’s regulations at
13 CFR 121.201; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. The impact of
concern is any significant adverse
economic impact on small entities since
the primary purpose of the regulatory
flexibility analysis is to identify and
address regulatory alternatives ‘‘which
minimize any significant economic
impact of the rule on small entities.’’ 5
U.S.C. 603 and 604.
After considering the economic
impacts of today’s direct final rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. In determining whether a rule
has a significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus an Agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
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economic effect on all of the small
entities subject to the rule.
All of the test method updates in this
proposed rule will improve the
performance and/or utilization by
industry of ASTM standard test
methods. This direct final rule does not
impose a regulatory burden on anyone,
including small businesses. Instead, this
direct final rule will have a positive
impact by improving performance of the
industry, including small businesses, by
enabling them to use more current
voluntary consensus-based standard test
methods. In addition, the allowance of
ASTM D 6550–05 will provide
additional flexibility to the regulated
community, including small businesses,
in meeting olefins in gasoline testing
requirements. We have therefore
concluded that today’s direct final rule
will relieve regulatory burden for all
effected small entities.
D. Unfunded Mandates Reform Act of
1995 (UMRA)
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), 2 U.S.C.
1531–1538, requires Federal agencies,
unless otherwise prohibited by law, to
assess the effects of their regulatory
actions on State, local, and tribal
governments and the private sector.
Federal agencies must also develop a
plan to provide notice to small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates
and must inform, educate, and advise
small governments on compliance with
the regulatory requirements.
This rule does not contain a Federal
mandate that may result in expenditures
of $100 million or more for State, local,
and tribal governments, in the aggregate,
or the private sector in any one year. All
of the test method updates in today’s
action will improve the performance
and/or utilization by industry of the test
methods already allowed by our
regulations. The allowance of ASTM D
6550–05 will provide additional
flexibility to the regulated community
in meeting olefins in gasoline testing
requirements. Thus, this rule is not
subject to the requirements of sections
202 and 205 of the UMRA. This action
is also not subject to the requirements
of section 203 of UMRA because it
contains no regulatory requirements that
might significantly or uniquely affect
small governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
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‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This direct final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. All of the test
method updates in today’s action will
improve the performance and/or
utilization by industry of ASTM
standard test methods. The allowance of
ASTM D 6550–05 will provide
additional flexibility to the regulated
community in meeting olefins in
gasoline testing requirements. Thus,
Executive Order 13132 does not apply
to this direct final rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 6,
2000). This action applies to gasoline
refiners, blenders and importers that
supply gasoline or diesel fuel. All of the
test method updates in today’s action
will improve the performance and/or
utilization by industry of the test
methods. The allowance of ASTM
D6500–05 will provide additional
flexibility to the regulated community
in meeting olefins in gasoline testing
requirements. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risk
EPA interprets EO 13045 (62 F.R.
19885, April 23, 1997) as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the Executive Order has the potential to
influence the regulation. This action is
not subject to Executive Order 13045
because it does not establish an
environmental standard intended to
mitigate health or safety risks.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 18355 (May 22,
2001)) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This direct final rule involves
technical standards. EPA will adopt
ASTM standards as described in Units
II.A, and II.B of the SUPPLEMENTARY
INFORMATION section of this document.
All technical standards included in
today’s rule are standards developed by
ASTM, a voluntary consensus standards
body, and thus raises no issues under
the NTTAA. The ASTM standards in
today’s action may be obtained from
ASTM International at 100 Barr Harbor
Drive, PO Box C700, West
Conshohocken, PA 19428–2959, 610–
832–9585 (phone), 610–832–9555 (fax),
or service@astm.org (e-mail); or through
the ASTM Web site (https://
www.astm.org).
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice and Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
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EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. All of the test method
updates in this direct final rule will
improve the performance and/or
utilization by industry of the test
methods. The allowance of ASTM
D6500–05 will provide additional
flexibility to the regulated community
in meeting olefins in gasoline testing
requirements. This final rule
amendment does not relax control
measures on sources regulated by the
rule and therefore will not cause
emission increases from these sources.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective February 6, 2009.
IV. Statutory Provisions and Legal
Authority
Statutory authority for today’s rule
comes from sections 211(c), 211(i) and
211(k) of the CAA (42.U.S.C. 7545(c)
and (k)). Section 211(c) and 211(i)
allows EPA to regulate fuels that
contribute to air pollution which
endangers public health or welfare, or
which impairs emission control
equipment. Section 211(k) prescribes
requirements for RFG and CG and
requires EPA to promulgate regulations
establishing these requirements.
Additional support for the fuels controls
in today’s rule comes from sections
114(a) and 301(a) of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air
pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation
by reference, Motor vehicle pollution,
Reporting and recordkeeping
requirements.
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74355
Dated: November 13, 2008.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, part 80 of title 40, chapter I
of the Code of Federal Regulations is
amended as follows:
■
PART 80—REGULATION OF FUELS
AND FUEL ADDITIVES
1. The authority citation for part 80
continues to read as follows:
■
Authority: 42 U.S.C. 7414, 7521(l) ,7545
and 7601(a).
2. Section 80.2 is amended by revising
paragraph (z) to read as follows:
■
§ 80.2
Definitions.
*
*
*
*
*
(z) Aromatic content is the aromatic
hydrocarbon content in volume percent
as determined by ASTM standard test
method D1319–03 ε1, entitled,
‘‘Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by
Fluorescent Indicator Adsorption’’.
ASTM standard test method D1319–
03ε1, approved November 1, 2003, is
incorporated by reference. This
incorporation by reference was
approved by the Director of the Federal
Register in accordance 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be
obtained from the American Society for
Testing and Materials, 100 Barr Harbor
Dr., West Conshohocken, PA 19428–
2959, or by contacting ASTM customer
service at 610–832–9585, or by
contacting the e-mail address of
service@astm.org from the ASTM Web
site of https://www.astm.org. For further
information on this test method, please
contact the Environmental Protection
Agency at 734–214–4582. Copies may
be inspected at the Air Docket, EPA/DC,
EPA West, Room B102, 1301
Constitution Ave., NW., Washington,
DC, or at the National Archives and
Records Administration (NARA). The
telephone number for the Air Docket
Public Reading Room is (202) 566–1742.
For information on the availability of
this material at NARA, call 202–741–
6030 or go to: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
*
*
*
*
*
Subpart D—[Amended]
3. Section 80.46 is amended as
follows:
■ a. By revising paragraphs (a)(1),
(a)(3)(i), (a)(3)(ii), (a)(3)(iii) and
(a)(3)(iv).
■ b. Revising paragraph (b).
■
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Rules and Regulations
c. Revising paragraph (c).
d. Revising paragraph (d).
e. Revising paragraph (e)(1).
f. Revising paragraphs (f)(1) and
(f)(3)(i).
■ g. Revising paragraphs (g)(1) and
(g)(2)(i).
■ h. Revising paragraph (h).
■
■
■
■
yshivers on PROD1PC62 with RULES
§ 80.46 Measurement of reformulated
gasoline fuel parameters.
(a) * * *
(1) The sulfur content of gasoline
must be determined by use of American
Society for Testing and Materials
(ASTM) standard method D2622
(incorporated by reference, see
paragraph (h) of this section) or by one
of the alternative methods specified in
paragraph (a)(3) of this section.
(3) * * *
(i) ASTM standard method D5453
(incorporated by reference, see
paragraph (h) of this section) or
(ii) ASTM standard method D6920
(incorporated by reference, see
paragraph (h) of this section) or
(iii) ASTM standard method D3120
(incorporated by reference, see
paragraph (h) of this section) or
(iv) ASTM standard method D7039
(incorporated by reference, see
paragraph (h) of this section).
*
*
*
*
*
(b) Olefins. Olefin content must be
determined by use of the following
methods:
(1) Olefin content must be determined
by use of ASTM standard method D1319
(incorporated by reference, see
paragraph (h) of this section).
(2)(i) Any refiner or importer may
determine olefin content using ASTM
standard method ASTM D6550
(incorporated by reference, see
paragraph (h) of this section) for
purposes of meeting any testing
requirement involving olefin content;
provided that the refiner or importer test
result is correlated with the method
specified in paragraph (b)(1) of this
section using a formula to convert the
result in mass percent to volume
percent as follows: Volume % = 0.857
× Mass %.
(ii) [Reserved]
(c) Reid vapor pressure (RVP). Reid
vapor pressure must be determined
using ASTM standard test method
ASTM D5191 (incorporated by
reference, see paragraph (h) of this
section), except that the following
correlation equation must be used:
RVP psi = (0.956 * X)¥0.347
RVP kPa = (0.956 * X)¥2.39
(d) Distillation. Distillation
parameters must be determined using
ASTM standard test method D86
(incorporated by reference, see
paragraph (h) of this section).
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15:04 Dec 05, 2008
Jkt 217001
(e) Benzene. (1) Benzene content must
be determined using ASTM standard
test method ASTM D3606–07
(incorporated by reference, see
paragraph (h) of this section), except
that.
*
*
*
*
*
(f)(1) Aromatic content must be
determined using ASTM D5769
(incorporated by reference, see
paragraph (h) of this section), except
that the sample chilling requirements in
section 8 of this standard method are
optional.
*
*
*
*
*
(3)(i) Any refiner or importer may
determine aromatics content using
ASTM standard method D1319
(incorporated by reference, see
paragraph (h) of this section) for
purposes of meeting any testing
requirement involving aromatics
content; provided that
*
*
*
*
*
(g) Oxygen and oxygenate content
analysis. (1) Oxygen and oxygenate
content must be determined using
ASTM standard method D5599
(incorporated by reference, see
paragraph (h) of this section).
(2)(i) When oxygenates present are
limited to MTBE, ETBE, TAME, DIPE,
tertiary-amyl alcohol and C1 to C4
alcohols, any refiner, importer, or
oxygenate blender may determine
oxygen and oxygen content using ASTM
standard method D4815 (incorporated
by reference, see paragraph (h) of this
section) for purposes of meeting any
testing requirement; provided that:
*
*
*
*
*
(h) Materials Incorporated by
reference. The Director of the Federal
Register approved the incorporation by
reference of the documents listed in this
section as prescribed in 5 U.S.C. 552(a)
and 1 CFR 51. Anyone may inspect
copies at the U.S. EPA, Air and
Radiation Docket and Information
Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building,
Washington, DC, 20460, under EPA
docket ID Number EPA–HQ–OAR–
2008–0558, or at the National Archives
and Records Administration (NARA).
The telephone number for the Air
Docket Public Reading Room is (202)
566–1742. For information on the
availability of this material at NARA,
call 202–741–6030 or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. For further
information on these test methods,
please contact the Environmental
Protection Agency at 734–214–4582.
(1) ASTM material. Anyone may
purchase copies of these materials from
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the American Society for Testing and
Materials (ASTM), 100 Barr Harbor Dr.,
West Conshohocken, PA 19428–2959, or
by contacting ASTM customer service at
610–832–9585, or by contacting the
email address of service@astm.org from
the ASTM Web site of https://
www.astm.org.
(i) ASTM standard method D3606–07
(‘‘ASTM D3606’’), Standard Test
Method for Determination of Benzene
and Toluene in Finished Motor and
Aviation Gasoline by Gas
Chromatography, approved November 1,
2007.
(ii) ASTM standard method
D1319–03 ε1 (‘‘ASTM D1319’’), Standard
Test Method for Hydrocarbon Types in
Liquid Petroleum Products by
Fluorescent Indicator Adsorption,
approved November 1, 2003.
(iii) ASTM standard method D6550–
05 (‘‘ASTM D6550’’), Standard Test
Method for Determination of Olefin
Content of Gasolines by SupercriticalFluid Chromatography, approved
November 1, 2005.
(iv) ASTM standard method D4815–
04 (‘‘ASTM D4815’’), Standard Test
Method for Determination of MTBE,
ETBE, TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols in
Gasoline by Gas Chromatography,
approved November 1, 2004.
(v) ASTM standard method D2622–05
(‘‘ASTM D2622’’), Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive XRay Fluorescence Spectrometry,
approved November 1, 2005.
(vi) ASTM standard method D3246–
96 (‘‘ASTM D3246’’), Standard Test
Method for Sulfur in Petroleum Gas by
Oxidative Microcoulometry.
(vii) ASTM standard method D5191–
07 (‘‘ASTM D5191’’), Standard Test
Method for Vapor Pressure of Petroleum
Products (Mini Method), approved May
1, 2007.
(viii) ASTM standard method D5599–
00(2005) (‘‘ASTM D5599’’), Standard
Test Method for Determination of
Oxygenates in Gasoline by Gas
Chromatography and Oxygen Selective
Flame Ionization Detection, approved
November 1, 2005.
(ix) ASTM standard method D5769–
04 (‘‘ASTM D5769’’), Standard Test
Method for Determination of Benzene,
Toluene, and Total Aromatics in
Finished Gasolines by Gas
Chromatography/Mass Spectrometry,
approved May 1, 2004.
(x) ASTM standard method D86–07b
(‘‘ASTM D86’’), Standard Test Method
for Distillation of Petroleum Products at
Atmospheric Pressure, approved
November 15, 2007.
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Federal Register / Vol. 73, No. 236 / Monday, December 8, 2008 / Rules and Regulations
(xi) ASTM standard method D5453–
08a (‘‘ASTM D5453’’), Standard Test
Method for Determination of Total
Sulfur in Light Hydrocarbons, Spark
Ignition Engine Fuel, Diesel Engine
Fuel, and Engine Oil by Ultraviolet
Fluorescence, approved February 1,
2008.
(xii) ASTM standard method D6920–
07 (‘‘ASTM D6920’’), Standard Test
Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and
Electrochemical Detection, approved
December 1, 2007.
(xiii) ASTM standard method D3120–
06ε1 (‘‘ASTM D3120’’), Standard Test
Method for Trace Quantities of Sulfur in
Light Petroleum Hydrocarbons by
Oxidative Microcoulometry, approved
December 1, 2006.
(xiv) ASTM standard method D7039–
07 (‘‘ASTM D7039’’), Standard Test
Method for Sulfur in Gasoline and
Diesel Fuel by Monochromatic
Wavelength Dispersive X-ray
Fluorescence Spectrometry, approved
May 1, 2007.
(xv) ASTM standard method D6667–
01 (‘‘ASTM D6667’’), Standard Test
Method for Determination of Total
Volatile Sulfur in Gaseous
Hydrocarbons and Liquefied Petroleum
Gases by Ultraviolet Fluorescence.
(xvi) ASTM standard method D4468–
85 (reapproved 2000) (‘‘ASTM D4468’’),
Standard Test Method for Total Sulfur
in Gaseous Fuels by Hydrogenolysis and
Rateometric Colorimetry.
(2) [Reserved]
Subpart I—[Amended]
4. Section 80.580 is amended as
follows:
■ a. By revising paragraph (b)(2)
■ b. By revising paragraph (c)(2)(i).
■ c. By revising paragraphs (e).
■
§ 80.580 What are the sampling and
testing methods for sulfur?
yshivers on PROD1PC62 with RULES
*
*
*
*
*
(b) * * *
(2) For motor vehicle diesel fuel and
diesel fuel additives subject to the 500
ppm sulfur standard of § 80.520(c), and
NRLM diesel fuel subject to the 500
ppm sulfur standard of § 80.510(a)(1),
sulfur content may be determined using
ASTM D2622 (incorporated by
reference, see paragraph (e) of this
section).
*
*
*
*
*
(c) * * *
(2) * * *
(i) For motor vehicle diesel fuel and
diesel fuel additives subject to the 500
ppm sulfur standard of § 80.520(c), and
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Jkt 217001
for NRLM diesel fuel subject to the 500
ppm sulfur standard of § 80.510(a),
sulfur content may be determined using
ASTM D4294, ASTM D5453, or ASTM
D6920 (all incorporated by reference,
see paragraph (e) of this section),
provided that the refiner or importer test
result is correlated with the appropriate
method specified in paragraph (b)(2) of
this section; or
*
*
*
*
*
(e) Materials incorporated by
reference. The Director of the Federal
Register approved the incorporation by
reference of the document listed in this
section as prescribed in 5 U.S.C. 552(a)
and 1 CFR part 51. Anyone may inspect
copies at the U.S. EPA, Air and
Radiation Docket and Information
Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building,
Washington, DC 20460, under EPA
docket ID Number EPA–HQ–OAR–
2008–0558, or at the National Archives
and Records Administration (NARA).
The telephone number for the Air
Docket Public Reading Room is (202)
566–1742. For information on the
availability of this material at NARA,
call 202–741–6030 or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html. For further
information on these test methods,
please contact the Environmental
Protection Agency at 734–214–4582.
(1) ASTM material. Anyone may
purchase copies of these materials from
the American Society for Testing and
Materials (ASTM), 100 Barr Harbor Dr.,
West Conshohocken, PA 19428–2959, or
by contacting ASTM customer service at
610–832–9585, or by contacting the email address of service@astm.org from
the ASTM Web site of https://
www.astm.org.
(i) ASTM standard method D2622–05
(‘‘ASTM D2622’’), Standard Test
Method for Sulfur in Petroleum
Products by Wavelength Dispersive XRay Fluorescence Spectrometry,
approved November 1, 2005.
(ii) [Reserved].
(iii) ASTM standard method D4294–
03 (‘‘ASTM D4294), Standard Test
Method for Sulfur in Petroleum and
Petroleum Products by Energy
Dispersive X-ray Fluorescence
Spectrometry, approved November 1,
2003.
(iv) ASTM standard method D5453–
08a (‘‘ASTM D5453’’), Standard Test
Method for Determination of Total
Sulfur in Light Hydrocarbons, Spark
Ignition Engine Fuel, Diesel Engine
Fuel, and Engine Oil by Ultraviolet
Fluorescence, approved February 1,
2008.
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(v) ASTM standard method D6920–07
(‘‘ASTM D6920’’), Standard Test
Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and
Electrochemical Detection, approved
December 1, 2007.
(2) [Reserved]
[FR Doc. E8–28370 Filed 12–5–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R2-ES-2008-0031; 92220-1113-0000C3]
RIN 1018-AU68
Endangered and Threatened Wildlife
and Plants; Establishment of a
Nonessential Experimental Population
of Rio Grande Silvery Minnow in the
Big Bend Reach of the Rio Grande in
Texas
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Final rule.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), in
cooperation with the National Park
Service and the United States Section of
the International Boundary and Water
Commission, will reestablish the Rio
Grande silvery minnow (Hybognathus
amarus), a federally-listed endangered
fish, into its historical habitat in the Big
Bend reach of the Rio Grande in
Presidio, Brewster, and Terrell Counties,
Texas.
We are reestablishing the Rio Grande
silvery minnow under section 10(j) of
the Endangered Species Act of 1973, as
amended (Act), and are classifying it as
a nonessential experimental population
(NEP). On the Rio Grande, the
geographic boundaries of the NEP
extend from Little Box Canyon
downstream of Fort Quitman, Hudspeth
County, Texas, through Big Bend
National Park and the Rio Grande Wild
and Scenic River, to Amistad Dam (Big
Bend reach of the Rio Grande), Val
Verde County, Texas. On the Pecos
River, the geographic boundaries of the
NEP extend from the river’s confluence
with Independence Creek to its
confluence with the Rio Grande.
This action is part of the recovery
actions that the Service, Federal and
State agencies, and other partners are
conducting throughout the historic
range of the species. This final rule
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]]>Agencies
[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Rules and Regulations]
[Pages 74350-74357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28370]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2008-0558; FRL-8742-6]
RIN 2060-AP17
Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel
Test Methods
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking action to
allow
[[Page 74351]]
refiners and laboratories to use more current and improved fuel testing
procedures with twelve American Society for Testing and Materials
(ASTM) analytical test methods. Once these test method changes are
adopted, they will supersede the corresponding earlier versions of
these test methods in EPA's motor vehicle fuel regulations. EPA is also
taking action to allow an alternative test method for olefins in
gasoline. As explained further below in the preamble of this document,
EPA views these changes as non-controversial and we anticipate no
adverse comment.
DATES: This rule is effective February 6, 2009 without further notice,
unless EPA receives adverse comment by January 7, 2009. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that the rule will not take effect.
Comments or a request for a public hearing must be received on or
before January 7, 2009. The incorporation by reference of certain
publications listed in this rule were approved by the Director of the
Federal Register as of February 6, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0558, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: (202) 566-9744.
Mail: ``EPA-HQ-OAR-2008-0558, Environmental Protection
Agency, Mailcode: 2822T, 1301 Constitution Ave., NW., Washington, DC
20460.''
Hand Delivery: EPA Headquarters Library, Room 3334, EPA
West Building, 1301 Constitution Ave., NW., Washington, DC. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0558. EPA's policy is that all comments will be included in the
public docket without change and may be made available online at http:/
/www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through https://
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional instructions on submitting comments, go to Unit
1.B of the SUPPLEMENTARY INFORMATION section of this document: https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Docket, EPA
Headquarters Library, Mail Code: 2822T, EPA West Building, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
The telephone number for the Public Reading Room is (202) 566-1742, and
the facsimile number for the Air Docket is (202) 566-9744.
FOR FURTHER INFORMATION CONTACT: Joe Sopata, Chemist, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW. (6406J), Washington, DC
20460; telephone number: (202) 343-9034; fax number: (202) 343-2801; e-
mail address: sopata.joe@epa.gov.
SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed
in the following outline.
I. General Information
A. Does this Action Apply to Me?
B. What Should I Consider as I Prepare My Comments for EPA?
II. Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
B. Alternative Test Method for Olefins in Gasoline
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995 (UMRA)
E. Executive Order 13123: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice and Minority Populations and Low-Income
Populations
K. Congressional Review Act
IV. Statutory Provisions and Legal Authority
I. General Information
A. Does this Action Apply to Me?
Regulated categories and entities potentially affected by this
proposed action include those involved with the production,
importation, distribution, sale and storage of gasoline motor fuel and
diesel motor fuel.
The table below is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this proposed action. This table lists the types of entities that
EPA is now aware could be potentially regulated by this proposed
action. Other types of entities not listed in the table could also be
regulated. To determine whether an entity is regulated by this proposed
action, one should carefully examine the existing regulations in 40 CFR
part 80. If you have questions regarding the applicability of this
proposed action to a particular entity, consult the person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
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NAICS codes
Category a SIC codes b Examples of potentially regulated parties
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Industry................................... 324110 2911 Petroleum Refiners.
Industry................................... 54138 8734 Testing Laboratories.
Industry................................... 422710 5171 Gasoline Marketers and Distributors.
422720 5172 .................................................................................
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a North American Industry Classification System (NAICS).
b Standard Industrial Classification (SIC) System code.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov or e-mail. Clearly mark the part of all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments referencing a Code of Federal
Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Rule Changes
A. Updating ASTM Test Methods to Their Most Recent Version
Refiners, importers and oxygenate blenders producing gasoline and
diesel motor vehicle fuel are required to test reformulated gasoline
(RFG), conventional gasoline (CG) and diesel fuel for various fuel
parameters including aromatics, benzene, distillation, olefins, Reid
Vapor Pressure, oxygenate content and sulfur. American Society for
Testing and Materials (ASTM) test method D2622 is currently the
designated test method for measuring sulfur 1 2 in gasoline
and diesel fuel at the 500 ppm sulfur standard. ASTM test methods
D5453, D6920, D3120 and D7039 are currently alternative test methods
for measuring sulfur 3 4 5 6 in gasoline. ASTM test methods
D5453 and D6920 are also alternative test method for measuring sulfur
\7\ in diesel fuel at the 500 ppm sulfur standard. ASTM D1319 is
currently the designated test method for measuring olefins \8\ in
gasoline and aromatics \9\ in diesel fuel and is also allowed as an
alternative test method for measuring aromatics \10\ in gasoline. ASTM
test method D5599 is currently the designated test method for measuring
oxygenates \11\ in gasoline. ASTM test method D4815 is currently an
alternative test method for measuring oxygenates \12\ in gasoline. ASTM
test method D5769 is currently the designated test method for measuring
aromatics \13\ in gasoline. ASTM test method D3606 is currently the
designated test method for measuring benzene \14\ in gasoline. ASTM
test method D86 is currently the designated test method for measuring
the distillation \15\ of gasoline. ASTM test method D5191 is currently
the designated test method for measuring the Reid Vapor Pressure \16\
of gasoline.
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\1\ 40 CFR 80.46(a)(1).
\2\ 40 CFR 80.580(b)(2).
\3\ 40 CFR 80.46(a)(3)(i).
\4\ 40 CFR 80.46(a)(3)(ii).
\5\ 40 CFR 80.46(a)(3)(iii).
\6\ 40 CFR 80.46(a)(3)(iv).
\7\ 40 CFR 80.580(c)(2).
\8\ 40 CFR 80.46(b).
\9\ 40 CFR 80.2(z).
\10\ 40 CFR 80.46(f)(3).
\11\ 40 CFR 80.46(g)(1).
\12\ 40 CFR 80.46(g)(2).
\13\ 40 CFR 80.46(f)(1).
\14\ 40 CFR 80.46(e).
\15\ 40 CFR 80.46(d).
\16\ 40 CFR 80.46(c).
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Table 1 lists the designated analytical test methods and
alternative analytical test methods which are being updated for
parameters measured under RFG, CG, and diesel fuels program in today's
action. The Agency has reviewed these updated ASTM test methods and we
are in agreement with the revisions contained in them which will result
in improvements in the utilization of these test methods for the
regulated industry. We believe that the revisions in the test method
changes in today's action are not significant changes that would cause
a user of an older version of the same method to incur significant
costs. All of the revisions were deemed necessary by ASTM so that
improvements in the test method's procedures would ensure better
operation for the user of the test method. Thus, EPA is updating the
regulations for the following ASTM test methods: (1) ASTM D2622-05, the
designated test method for measuring sulfur in RFG, CG, and alternative
test method for diesel fuel at the 500 ppm sulfur standard, (2) ASTM
D3120-06 [epsiv]1, alternative test method for sulfur in
gasoline, (3) ASTM D5453-08a, alternative test method for sulfur in
gasoline and diesel fuel at the 500 ppm sulfur standard, (4) ASTM
D6920-07, alternative test method for sulfur in gasoline and diesel
fuel at the 500 ppm sulfur standard, (5) ASTM D7039-07, alternative
test method for sulfur in gasoline, (6) ASTM D1319-03
[epsiv]1, designated test method for measuring olefins in
gasoline and aromatics in diesel fuel, as well as the alternative test
method for measuring aromatics in gasoline, (7) ASTM D4815-04,
alternative test method for measuring oxygenate content in gasoline,
(8) ASTM D5599-00(2005), the designated test method for measuring
oxygen content in gasoline, (9) ASTM D5769-04, the designated test
method for measuring aromatics in gasoline, (10) ASTM D3606-07, the
designated test method for measuring benzene in gasoline, (11)
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ASTM D86-07b, the designated test method for measuring distillation
properties of gasoline, and (12) ASTM D5191-07, the designated test
method for measuring the Reid Vapor Pressure of gasoline.
Table 1--Designated & Alternative ASTM Analytical Test Methods Under
RFG, CG & Diesel Motor Vehicle Fuel Programs
------------------------------------------------------------------------
Fuel parameter ASTM analytical test method
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Sulfur (gasoline)............ ASTM D2622-05, entitled ``Standard Test
Method for Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''
Sulfur (500 ppm diesel)...... ASTM D2622-05, entitled ``Standard Test
Method for Sulfur in Petroleum Products
by Wavelength Dispersive X-Ray
Fluorescence Spectrometry''
Sulfur (gasoline)............ ASTM D5453-08a, entitled, ``Standard Test
Method for Determination of Total Sulfur
in Light Hydrocarbons, Spark Ignition
Engine Fuel, Diesel Engine Fuel, and
Engine Oil by Ultraviolet Fluorescence''
Sulfur (500 ppm sulfur ASTM D5453-08a, entitled, ``Standard Test
diesel). Method for Determination of Total Sulfur
in Light Hydrocarbons, Spark Ignition
Engine Fuel, Diesel Engine Fuel, and
Engine Oil by Ultraviolet Fluorescence''
Sulfur (gasoline)............ ASTM D6920-07, entitled, ``Standard Test
Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and Electrochemical
Detection''
Sulfur (500 ppm sulfur ASTM D6920-07, entitled, ``Standard Test
diesel). Method for Total Sulfur in Naphthas,
Distillates, Reformulated Gasolines,
Diesels, Biodiesels, and Motor Fuels by
Oxidative Combustion and Electrochemical
Detection''
Sulfur (gasoline)............ ASTM D3120-06 [epsiv]1, entitled,
``Standard Test Method for Trace
Quantities of Sulfur in Light Petroleum
Hydrocarbons by Oxidative
Microcoulometry''
Sulfur (gasoline)............ ASTM D7039-07, entitled, ``Standard Test
Method for Sulfur in Gasoline and Diesel
Fuel by Monochromatic Wavelength
Dispersive X-ray Fluorescence
Spectrometry''
Oxygen content (gasoline).... ASTM D5599-00(2005), entitled, ``Standard
Test Method for Determination of
Oxygenates in Gasoline by Gas
Chromatography and Oxygen Selective
Flame Ionization Detection''
Oxygen content (gasoline).... ASTM D4815-04, entitled ``Standard Test
Method for Determination of MTBE, ETBE,
TAME, DIPE, tertiary-Amyl Alcohol and C1
to C4 Alcohols in Gasoline by Gas
Chromatography''
Olefins (gasoline)........... ASTM D1319-03 [epsiv]1, entitled
``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by
Fluorescent Indicator Adsorption''
Aromatics (gasoline and ASTM D1319-03 [epsiv]1, entitled,
diesel). ``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by
Fluorescent Indicator Absorption'', for
diesel fuel, this method is the
designated test method, for gasoline,
this method is an alternative test
method and if used as an alternative
method, its results must be correlated
to ASTM D5769-04.
Aromatics (gasoline)......... ASTM D5769-04, entitled, ``Standard Test
Method for Determination of Benzene,
Toluene, and Total Aromatics in Finished
Gasolines by Gas Chromatography/Mass
Spectrometry''
Benzene (gasoline)........... ASTM D3606-07, entitled, ``Standard Test
Method for Determination of Benzene and
Toluene in Finished Motor and Aviation
Gasoline by Gas Chromatography''
Distillation (gasoline)...... ASTM D86-07b, entitled, ``Standard Test
Method for Distillation of Petroleum
Products at Atmospheric Pressure''
Reid Vapor Pressure ASTM D5191-07, entitled, ``Standard Test
(gasoline). Method for Vapor Pressure of Petroleum
Products (Mini-Method)''
------------------------------------------------------------------------
B. Alternative Test Method for Olefins in Gasoline
Refiners, importers and oxygenate blenders producing gasoline are
required to test RFG and CG for various fuel parameters including
olefins. The test method for determining olefin content is specified in
the regulation.
Recently, the American Petroleum Institute (API) requested in a
letter to EPA that ASTM D6550-05 be designated by EPA as an alternative
test method in the regulations for olefins \15\ in gasoline. EPA has
evaluated API's request on this test method issue and agrees. Thus, EPA
is taking action today to allow ASTM D6550-05 as an alternative test
method in the regulations for olefins in gasoline, provided that its
results are correlated to ASTM D1319. The allowance of this additional
alternative test method for olefins in gasoline will provide the
regulated community additional flexibility in meeting their testing
requirements.
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\15\ See Air Docket EPA-HQ-OAR-2008-0558-0001.
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In the ``Proposed Rules'' section of today's Federal Register, we
are publishing a proposed rule that matches the substance of this
direct final rule. If the Agency receives adverse comment or a request
for public hearing by January 7, 2009, we will withdraw the direct
final rule by publishing a timely withdrawal notice in the Federal
Register. If the Agency receives no adverse comment or a request for
public hearing by January 7, 2009, these test method changes will be
effective sixty (60) days after publication of the final rule in the
Federal Register. We are confident that sixty (60) days is sufficient
lead time for industry to become familiar and implement these ASTM test
methods for the applications mentioned above.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
B. Paperwork Reduction Act
This direct final rule does not impose any new information
collection burden. However, the Office of Management and Budget (OMB),
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., has approved the information collection requirements contained in
the final RFG and anti-dumping rulemaking and gasoline sulfur control
rulemaking, and has
[[Page 74354]]
assigned OMB control number 2060-0277. OMB, under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., has also approved the
information collection requirements contained in the final Tax Exempt
(Dyed) Highway Diesel Fuel rulemaking, and has assigned OMB control
number 2060-0308. The OMB control numbers for EPA's regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's direct final rule
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. The impact of concern is any
significant adverse economic impact on small entities since the primary
purpose of the regulatory flexibility analysis is to identify and
address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
After considering the economic impacts of today's direct final rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus an Agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
All of the test method updates in this proposed rule will improve
the performance and/or utilization by industry of ASTM standard test
methods. This direct final rule does not impose a regulatory burden on
anyone, including small businesses. Instead, this direct final rule
will have a positive impact by improving performance of the industry,
including small businesses, by enabling them to use more current
voluntary consensus-based standard test methods. In addition, the
allowance of ASTM D 6550-05 will provide additional flexibility to the
regulated community, including small businesses, in meeting olefins in
gasoline testing requirements. We have therefore concluded that today's
direct final rule will relieve regulatory burden for all effected small
entities.
D. Unfunded Mandates Reform Act of 1995 (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2
U.S.C. 1531-1538, requires Federal agencies, unless otherwise
prohibited by law, to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. Federal
agencies must also develop a plan to provide notice to small
governments to have meaningful and timely input in the development of
EPA regulatory proposals with significant Federal intergovernmental
mandates and must inform, educate, and advise small governments on
compliance with the regulatory requirements.
This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
All of the test method updates in today's action will improve the
performance and/or utilization by industry of the test methods already
allowed by our regulations. The allowance of ASTM D 6550-05 will
provide additional flexibility to the regulated community in meeting
olefins in gasoline testing requirements. Thus, this rule is not
subject to the requirements of sections 202 and 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This direct final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. All of the test
method updates in today's action will improve the performance and/or
utilization by industry of ASTM standard test methods. The allowance of
ASTM D 6550-05 will provide additional flexibility to the regulated
community in meeting olefins in gasoline testing requirements. Thus,
Executive Order 13132 does not apply to this direct final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 6, 2000). This action
applies to gasoline refiners, blenders and importers that supply
gasoline or diesel fuel. All of the test method updates in today's
action will improve the performance and/or utilization by industry of
the test methods. The allowance of ASTM D6500-05 will provide
additional flexibility to the regulated community in meeting olefins in
gasoline testing requirements. Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risk
EPA interprets EO 13045 (62 F.R. 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the Executive
Order has the potential to influence the regulation. This action is not
subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
[[Page 74355]]
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 18355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15
U.S.C. 272 note) directs EPA to use voluntary consensus standards in
its regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This direct final rule involves technical standards. EPA will adopt
ASTM standards as described in Units II.A, and II.B of the
SUPPLEMENTARY INFORMATION section of this document. All technical
standards included in today's rule are standards developed by ASTM, a
voluntary consensus standards body, and thus raises no issues under the
NTTAA. The ASTM standards in today's action may be obtained from ASTM
International at 100 Barr Harbor Drive, PO Box C700, West Conshohocken,
PA 19428-2959, 610-832-9585 (phone), 610-832-9555 (fax), or
service@astm.org (e-mail); or through the ASTM Web site (https://
www.astm.org).
J. Executive Order 12898: Federal Actions To Address Environmental
Justice and Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. All of the test method updates in this direct final rule
will improve the performance and/or utilization by industry of the test
methods. The allowance of ASTM D6500-05 will provide additional
flexibility to the regulated community in meeting olefins in gasoline
testing requirements. This final rule amendment does not relax control
measures on sources regulated by the rule and therefore will not cause
emission increases from these sources.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of Congress and to the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective February 6, 2009.
IV. Statutory Provisions and Legal Authority
Statutory authority for today's rule comes from sections 211(c),
211(i) and 211(k) of the CAA (42.U.S.C. 7545(c) and (k)). Section
211(c) and 211(i) allows EPA to regulate fuels that contribute to air
pollution which endangers public health or welfare, or which impairs
emission control equipment. Section 211(k) prescribes requirements for
RFG and CG and requires EPA to promulgate regulations establishing
these requirements. Additional support for the fuels controls in
today's rule comes from sections 114(a) and 301(a) of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Gasoline, Diesel, Imports, Incorporation by reference, Motor vehicle
pollution, Reporting and recordkeeping requirements.
Dated: November 13, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons set forth in the preamble, part 80 of title 40, chapter
I of the Code of Federal Regulations is amended as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521(l) ,7545 and 7601(a).
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2. Section 80.2 is amended by revising paragraph (z) to read as
follows:
Sec. 80.2 Definitions.
* * * * *
(z) Aromatic content is the aromatic hydrocarbon content in volume
percent as determined by ASTM standard test method D1319-03
[epsiv]1, entitled, ``Standard Test Method for Hydrocarbon
Types in Liquid Petroleum Products by Fluorescent Indicator
Adsorption''. ASTM standard test method D1319-03[epsiv]\1\, approved
November 1, 2003, is incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in
accordance 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained
from the American Society for Testing and Materials, 100 Barr Harbor
Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM customer
service at 610-832-9585, or by contacting the e-mail address of
service@astm.org from the ASTM Web site of https://www.astm.org. For
further information on this test method, please contact the
Environmental Protection Agency at 734-214-4582. Copies may be
inspected at the Air Docket, EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC, or at the National Archives and
Records Administration (NARA). The telephone number for the Air Docket
Public Reading Room is (202) 566-1742. For information on the
availability of this material at NARA, call 202-741-6030 or go to:
https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
* * * * *
Subpart D--[Amended]
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3. Section 80.46 is amended as follows:
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a. By revising paragraphs (a)(1), (a)(3)(i), (a)(3)(ii), (a)(3)(iii)
and (a)(3)(iv).
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b. Revising paragraph (b).
[[Page 74356]]
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c. Revising paragraph (c).
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d. Revising paragraph (d).
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e. Revising paragraph (e)(1).
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f. Revising paragraphs (f)(1) and (f)(3)(i).
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g. Revising paragraphs (g)(1) and (g)(2)(i).
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h. Revising paragraph (h).
Sec. 80.46 Measurement of reformulated gasoline fuel parameters.
(a) * * *
(1) The sulfur content of gasoline must be determined by use of
American Society for Testing and Materials (ASTM) standard method D2622
(incorporated by reference, see paragraph (h) of this section) or by
one of the alternative methods specified in paragraph (a)(3) of this
section.
(3) * * *
(i) ASTM standard method D5453 (incorporated by reference, see
paragraph (h) of this section) or
(ii) ASTM standard method D6920 (incorporated by reference, see
paragraph (h) of this section) or
(iii) ASTM standard method D3120 (incorporated by reference, see
paragraph (h) of this section) or
(iv) ASTM standard method D7039 (incorporated by reference, see
paragraph (h) of this section).
* * * * *
(b) Olefins. Olefin content must be determined by use of the
following methods:
(1) Olefin content must be determined by use of ASTM standard
method D1319 (incorporated by reference, see paragraph (h) of this
section).
(2)(i) Any refiner or importer may determine olefin content using
ASTM standard method ASTM D6550 (incorporated by reference, see
paragraph (h) of this section) for purposes of meeting any testing
requirement involving olefin content; provided that the refiner or
importer test result is correlated with the method specified in
paragraph (b)(1) of this section using a formula to convert the result
in mass percent to volume percent as follows: Volume % = 0.857 x Mass
%.
(ii) [Reserved]
(c) Reid vapor pressure (RVP). Reid vapor pressure must be
determined using ASTM standard test method ASTM D5191 (incorporated by
reference, see paragraph (h) of this section), except that the
following correlation equation must be used:
RVP psi = (0.956 * X)-0.347
RVP kPa = (0.956 * X)-2.39
(d) Distillation. Distillation parameters must be determined using
ASTM standard test method D86 (incorporated by reference, see paragraph
(h) of this section).
(e) Benzene. (1) Benzene content must be determined using ASTM
standard test method ASTM D3606-07 (incorporated by reference, see
paragraph (h) of this section), except that.
* * * * *
(f)(1) Aromatic content must be determined using ASTM D5769
(incorporated by reference, see paragraph (h) of this section), except
that the sample chilling requirements in section 8 of this standard
method are optional.
* * * * *
(3)(i) Any refiner or importer may determine aromatics content
using ASTM standard method D1319 (incorporated by reference, see
paragraph (h) of this section) for purposes of meeting any testing
requirement involving aromatics content; provided that
* * * * *
(g) Oxygen and oxygenate content analysis. (1) Oxygen and oxygenate
content must be determined using ASTM standard method D5599
(incorporated by reference, see paragraph (h) of this section).
(2)(i) When oxygenates present are limited to MTBE, ETBE, TAME,
DIPE, tertiary-amyl alcohol and C1 to C4
alcohols, any refiner, importer, or oxygenate blender may determine
oxygen and oxygen content using ASTM standard method D4815
(incorporated by reference, see paragraph (h) of this section) for
purposes of meeting any testing requirement; provided that:
* * * * *
(h) Materials Incorporated by reference. The Director of the
Federal Register approved the incorporation by reference of the
documents listed in this section as prescribed in 5 U.S.C. 552(a) and 1
CFR 51. Anyone may inspect copies at the U.S. EPA, Air and Radiation
Docket and Information Center, 1301 Constitution Ave., NW., Room B102,
EPA West Building, Washington, DC, 20460, under EPA docket ID Number
EPA-HQ-OAR-2008-0558, or at the National Archives and Records
Administration (NARA). The telephone number for the Air Docket Public
Reading Room is (202) 566-1742. For information on the availability of
this material at NARA, call 202-741-6030 or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html. For further information on these test methods, please
contact the Environmental Protection Agency at 734-214-4582.
(1) ASTM material. Anyone may purchase copies of these materials
from the American Society for Testing and Materials (ASTM), 100 Barr
Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM
customer service at 610-832-9585, or by contacting the email address of
service@astm.org from the ASTM Web site of https://www.astm.org.
(i) ASTM standard method D3606-07 (``ASTM D3606''), Standard Test
Method for Determination of Benzene and Toluene in Finished Motor and
Aviation Gasoline by Gas Chromatography, approved November 1, 2007.
(ii) ASTM standard method D1319-03 [epsiv]\1\ (``ASTM D1319''),
Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products
by Fluorescent Indicator Adsorption, approved November 1, 2003.
(iii) ASTM standard method D6550-05 (``ASTM D6550''), Standard Test
Method for Determination of Olefin Content of Gasolines by
Supercritical-Fluid Chromatography, approved November 1, 2005.
(iv) ASTM standard method D4815-04 (``ASTM D4815''), Standard Test
Method for Determination of MTBE, ETBE, TAME, DIPE, tertiary-Amyl
Alcohol and C1 to C4 Alcohols in Gasoline by Gas
Chromatography, approved November 1, 2004.
(v) ASTM standard method D2622-05 (``ASTM D2622''), Standard Test
Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray
Fluorescence Spectrometry, approved November 1, 2005.
(vi) ASTM standard method D3246-96 (``ASTM D3246''), Standard Test
Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry.
(vii) ASTM standard method D5191-07 (``ASTM D5191''), Standard Test
Method for Vapor Pressure of Petroleum Products (Mini Method), approved
May 1, 2007.
(viii) ASTM standard method D5599-00(2005) (``ASTM D5599''),
Standard Test Method for Determination of Oxygenates in Gasoline by Gas
Chromatography and Oxygen Selective Flame Ionization Detection,
approved November 1, 2005.
(ix) ASTM standard method D5769-04 (``ASTM D5769''), Standard Test
Method for Determination of Benzene, Toluene, and Total Aromatics in
Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved
May 1, 2004.
(x) ASTM standard method D86-07b (``ASTM D86''), Standard Test
Method for Distillation of Petroleum Products at Atmospheric Pressure,
approved November 15, 2007.
[[Page 74357]]
(xi) ASTM standard method D5453-08a (``ASTM D5453''), Standard Test
Method for Determination of Total Sulfur in Light Hydrocarbons, Spark
Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence, approved February 1, 2008.
(xii) ASTM standard method D6920-07 (``ASTM D6920''), Standard Test
Method for Total Sulfur in Naphthas, Distillates, Reformulated
Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion
and Electrochemical Detection, approved December 1, 2007.
(xiii) ASTM standard method D3120-06[epsiv]\1\ (``ASTM D3120''),
Standard Test Method for Trace Quantities of Sulfur in Light Petroleum
Hydrocarbons by Oxidative Microcoulometry, approved December 1, 2006.
(xiv) ASTM standard method D7039-07 (``ASTM D7039''), Standard Test
Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic
Wavelength Dispersive X-ray Fluorescence Spectrometry, approved May 1,
2007.
(xv) ASTM standard method D6667-01 (``ASTM D6667''), Standard Test
Method for Determination of Total Volatile Sulfur in Gaseous
Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.
(xvi) ASTM standard method D4468-85 (reapproved 2000) (``ASTM
D4468''), Standard Test Method for Total Sulfur in Gaseous Fuels by
Hydrogenolysis and Rateometric Colorimetry.
(2) [Reserved]
Subpart I--[Amended]
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4. Section 80.580 is amended as follows:
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a. By revising paragraph (b)(2)
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b. By revising paragraph (c)(2)(i).
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c. By revising paragraphs (e).
Sec. 80.580 What are the sampling and testing methods for sulfur?
* * * * *
(b) * * *
(2) For motor vehicle diesel fuel and diesel fuel additives subject
to the 500 ppm sulfur standard of Sec. 80.520(c), and NRLM diesel fuel
subject to the 500 ppm sulfur standard of Sec. 80.510(a)(1), sulfur
content may be determined using ASTM D2622 (incorporated by reference,
see paragraph (e) of this section).
* * * * *
(c) * * *
(2) * * *
(i) For motor vehicle diesel fuel and diesel fuel additives subject
to the 500 ppm sulfur standard of Sec. 80.520(c), and for NRLM diesel
fuel subject to the 500 ppm sulfur standard of Sec. 80.510(a), sulfur
content may be determined using ASTM D4294, ASTM D5453, or ASTM D6920
(all incorporated by reference, see paragraph (e) of this section),
provided that the refiner or importer test result is correlated with
the appropriate method specified in paragraph (b)(2) of this section;
or
* * * * *
(e) Materials incorporated by reference. The Director of the
Federal Register approved the incorporation by reference of the
document listed in this section as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building, Washington, DC 20460, under EPA docket ID
Number EPA-HQ-OAR-2008-0558, or at the National Archives and Records
Administration (NARA). The telephone number for the Air Docket Public
Reading Room is (202) 566-1742. For information on the availability of
this material at NARA, call 202-741-6030 or go to: https://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html. For further information on these test methods, please
contact the Environmental Protection Agency at 734-214-4582.
(1) ASTM material. Anyone may purchase copies of these materials
from the American Society for Testing and Materials (ASTM), 100 Barr
Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM
customer service at 610-832-9585, or by contacting the e-mail address
of service@astm.org from the ASTM Web site of https://www.astm.org.
(i) ASTM standard method D2622-05 (``ASTM D2622''), Standard Test
Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray
Fluorescence Spectrometry, approved November 1, 2005.
(ii) [Reserved].
(iii) ASTM standard method D4294-03 (``ASTM D4294), Standard Test
Method for Sulfur in Petroleum and Petroleum Products by Energy
Dispersive X-ray Fluorescence Spectrometry, approved November 1, 2003.
(iv) ASTM standard method D5453-08a (``ASTM D5453''), Standard Test
Method for Determination of Total Sulfur in Light Hydrocarbons, Spark
Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet
Fluorescence, approved February 1, 2008.
(v) ASTM standard method D6920-07 (``ASTM D6920''), Standard Test
Method for Total Sulfur in Naphthas, Distillates, Reformulated
Gasolines, Diesels, Biodiesels, and Motor Fuels by Oxidative Combustion
and Electrochemical Detection, approved December 1, 2007.
(2) [Reserved]
[FR Doc. E8-28370 Filed 12-5-08; 8:45 am]
BILLING CODE 6560-50-P
